The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-167V
SHARON BROWN,
Chief Special Master Corcoran
Petitioner,
v. Filed: March 4, 2024
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Attorney’s Fees and Costs
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS 1
On January 6, 2021, Sharon Brown filed a petition 2 for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 3 (the
“Vaccine Act”). Petitioner alleges that she sustained a shoulder injury related to vaccine
administration (SIRVA) after receiving a pneumococcal conjugate (Prevnar 13)
vaccination on October 30, 2019. Amended Petition at 1. On August 30, 2023, I issued a
1Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of
2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2 Petitioner filed a more detailed amended petition on March 18, 2021. See ECF No. 10.
3
National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2018).
decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF
No. 31.
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $20,799.24 (representing $19,190.50 in fees plus $1,608.74 in costs). Petitioner’s Final
Motion for Attorney Fees and Cost (“Motion”) filed Dec. 6, 2023, ECF No. 36. In
accordance with General Order No. 9, Petitioner filed a signed statement indicating that
she incurred no out-of-pocket expenses. ECF No. 36-4.
Respondent reacted to the motion on December 6, 2023, indicating that he is
satisfied that the statutory requirements for an award of attorney’s fees and costs are met
in this case, but deferring resolution of the amount to be awarded to my discretion.
Respondent’s Response to Motion at 2-3, ECF No. 37. Petitioner filed no reply.
I have reviewed the billing records submitted with Petitioner’s request. In my
experience, the request appears reasonable, and I find no cause to reduce the requested
hours or rates. Furthermore, Petitioner has provided supporting documentation for all
claimed costs. Motion, Ex. 3 at 3 - 41. Respondent offered no specific objection to the
rates or amounts sought.
The Vaccine Act permits an award of reasonable attorney’s fees and costs for
successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for
attorney’s fees and costs. I award a total of $20,799.24 (representing $19,190.50 in
fees plus $1,608.74 in costs) as a lump sum in the form of a check jointly payable
to Petitioner and Petitioner’s counsel, Jeffrey S. Pop. In the absence of a timely-filed
motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall
enter judgment in accordance with this decision. 4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice
renouncing their right to seek review.
2